ART. 72.] OYSTERS—DREDGING——OFFENDERS. 1039

the peace most convenient or accessible, to be dealt with as
herein provided.

1886, ch. 296, sec. 11.

10. The judge or justice of the peace before whom any
person or any vessel may be brought, charged with violating
any of the preceding sections of this article, shall either give the

case or cases an immediate hearing, or at the instance of the party

charged, shall appoint some early day within the next ten days
to hear the case, the party charged giving such good and
sufficient ball as said judge or justice shall require for his
appearance at trial; and the said vessel shall be held and safely
kept at the cost of the party charged, or of the said vessel, as
the case may be; and in case the master, owner, or other person
in charge of said vessel shall or shall not be arrested, then the

vessel used in violation of sections 1-43 of this article, shall be
seized, and the charge against the same shall be heard by the said
judge or justice of the peace, and she shall be dealt with as herein-
after provided; and if the said master, owner or other person in
charge of said vessel shall not appear after giving bail as hereinbefore
provided, then in either case the judge or justice of the peace
may proceed to hear the case, and to determine whether or not
the said vessel has been employed in violation of any of said sec-
tions ; and any vessel so employed is hereby declared to be forfeited;
and in case the said judge or justice shall find the vessel has been
so unlawfully employed, then he shall declare the sa:ne to be
forfeited, and shall so enter upon his docket, together with all her
tackle, apparel, appurtenances, boats, sails and rigging; and he
shall authorize and direct any sheriff or deputy sheriff to sell said
vessel, together with all the apparel, tackle, boats and other things
belonging thereto, at public auction, to the highest bidder for
cash, after giving at least twenty days' notice of the time and
place of said sale, printed in some newspaper published in the
county in which the case may be tried; and the said officer shall
be allowed the actual expenses of seizure, sale and keeping of said

vessel and poundage fees; and the proceeds of said sale shall be
first applied to the payment of all the costs, charges and expenses
of the seizure, trial and sale of the said vessel, and the balance of
said proceeds, if any, shall be paid to the clerk of the court as
herein provided, and by him to the comptroller to the credit of